From Lord Coke to Internet Privacy: The Past, Present, and Future of Electronic Contracting

Contract law is applied countless times every day, in every manner of transaction large or small. Rarely are those transactions reflected in an agreement produced by a lawyer; quite the contrary, almost all contracts are concluded by persons with no legal training and often by persons who do not have a great deal of education. In recent years, moreover, technological advances have provided novel methods of creating contracts. Those facts present practitioners of contract law with an interesting conundrum: The law must be sensible and stable if parties are to have confidence in the security of their arrangements; but contract law also must be able to handle changing social and economic circumstances, changes that occur at an ever-increasing speed. Contract law, originally designed to handle agreements reached by persons familiar with one another, evolved over time to solve the problems posed by contract formation that was done at a distance — that is, contract law had developed to handle first paper, then telegraphic, and finally telephonic communications. It has handled those changes very well. In the 1990s, however, things began to change. The rise in computer use by individuals coupled with the advent of the World Wide Web gave rise to two parallel developments, both of which challenged the law of contract formation. Increased computer use created a demand for software programs designed for the consumer market, and those programs were commonly transferred to users by way of standard-form licenses that were packaged with the software and thus unavailable before the consumer paid for the software. Also, parties in large numbers began to use electronic means — the computer — to enter into bargained-for relationships. The turn of the millennium brought two electronic contracting statutes, the Electronic Signatures in Global and National Commerce Act (“E-Sign”) and the Uniform Electronic Transactions Act (“UETA”), which removed any doubts that contracts entered into electronically could satisfy the Statute of Frauds. Encouraged by the certainty given by those statutes, internet businesses started offering contract terms on their websites, asking customers to consent to terms by clicking an icon, or by not seeking express assent at all by presenting terms of use by hyperlink. The ease of presenting terms comprised of thousands of words by an internet hyperlink makes it easy for a vendor in its terms of use and terms of service to ask us to give up privacy rights and intellectual property rights. Modern communications technologies therefore make it easier for parties to engage in risky transactions. Nevertheless, we believe that, with few exceptions, the common law of contracts is sufficiently malleable to address the problems arising out of that behavior and where it is not, regulation of contract terms is appropriate. This Article examines those developments

Nurses as educators: creating teachable moments in practice

Effective workplace teaching is increasingly important in healthcare, with all staff being potential educators. The introduction of new roles and the need to create capacity for increased numbers of students can make it difficult to create a good learning experience. Despite the richness of clinical practice as a learning environment, creating capacity for teaching can be challenging. This article explores the possibilities for identifying and creating teachable moments in busy clinical environments and suggests a developmental model for incorporating these learning opportunities. Teachable moments linked directly to optimal patient care can potentially influence and shape a positive learning culture in clinical environments

The nurses that roared: nurses from history who found their voices and challenged the status quo

In this article we explore how nurses from history challenged norms of nursing and society, and consider how they can influence and inspire nurses today. We discuss the role of nurses in the fight for women’s suffrage, campaigning for the vote and caring for women who suffered in their fight to achieve it, and present examples of outstanding bravery in the past and present day. The article contains examples of the bravery of some relatively unknown nurses in wartime, who also fought for equality and inclusion, and nurses who challenged the care of marginalised groups, campaigning for improved treatment, sometimes at great personal cost. Finally we consider the courage of present-day nurses. Drawing on the global campaign of “Nursing Now”, we suggest that learning from these exceptional nurses and acknowledging and highlighting their contribution can inspire us to strengthen and promote nursing and to empower women globally

WHAM Observations of H-Alpha, [S II], and [N II] toward the Orion and Perseus Arms: Probing the Physical Conditions of the Warm Ionized Medium

A large portion of the Galaxy (l = 123 deg to 164 deg, b = -6 deg to -35 deg), which samples regions of the Local (Orion) spiral arm and the more distant Perseus arm, has been mapped with the Wisconsin H-Alpha Mapper (WHAM) in the H-Alpha, [S II] 6716, and [N II] 6583 lines. Several trends noticed in emission-line investigations of diffuse gas in other galaxies are confirmed in the Milky Way and extended to much fainter emission. We find that the [S II]/H-Alpha and [N II]/H-Alpha ratios increase as absolute H-Alpha intensities decrease. For the more distant Perseus arm emission, the increase in these ratios is a strong function of Galactic latitude and thus, of height above the Galactic plane. The [S II]/[N II] ratio is relatively independent of H-Alpha intensity. Scatter in this ratio appears to be physically significant, and maps of it suggest regions with similar ratios are spatially correlated. The Perseus arm [S II]/[N II] ratio is systematically lower than Local emission by 10%-20%. With [S II]/[N II] fairly constant over a large range of H-Alpha intensities, the increase of [S II]/H-Alpha and [N II]/H-Alpha with |z| seems to reflect an increase in temperature. Such an interpretation allows us to estimate the temperature and ionization conditions in our large sample of observations. We find that WIM temperatures range from 6,000 K to 9,000 K with temperature increasing from bright to faint H-Alpha emission (low to high [S II]/H-Alpha and [N II]/H-Alpha) respectively. Changes in [S II]/[N II] appear to reflect changes in the local ionization conditions (e.g. the S+/S++ ratio). We also measure the electron scale height in the Perseus arm to be 1.0+/-0.1 kpc, confirming earlier, less accurate determinations.Comment: 28 pages, 10 figures. Figures 2 and 3 are full color--GIFs provided here, original PS figures at link below. Accepted for publication in ApJ. More information about the WHAM project can be found at http://www.astro.wisc.edu/wham/ . REVISION: Figure 6, bottom panel now contains the proper points. No other changes have been mad

A computerized program for statistical treatment of biological data

Biologists frequently conduct experiments which measure the patterns of inactivation of bacterial populations after exposure to a lethal environment. A computer program is discussed which calculates many of the quantities that have proven to be useful in the analysis of such experimental data